Tax Law Within The Larger Legal System, 2015 Osgoode Hall Law School of York University
Tax Law Within The Larger Legal System, J. Scott Wilkie, Peter W. Hogg
Osgoode Hall Law Journal
Tax law may be viewed as occupying its own universe, even though tax funds the implementation of public policies that animate Canadian society. This article reminds us that tax law must respond to basic rule-of-law norms in spite of overarching and well-meaning policy goals. It adopts reference points featured in recent cases. One is the Charter, which limits penalties that can be imposed on non-compliant taxpayers and tax advisers without adhering to due process safeguards. Another is the impact of international arrangements among countries in a global business environment to guide consistent regulatory responses and to identify and share information. …
The Moral Vigilante And Her Cousins In The Shadows, 2015 University of Pennsylvania Carey Law School
The Moral Vigilante And Her Cousins In The Shadows, Paul H. Robinson
All Faculty Scholarship
By definition, vigilantes cannot be legally justified – if they satisfied a justification defense, for example, they would not be law-breakers – but they may well be morally justified, if their aim is to provide the order and justice that the criminal justice system has failed to provide in a breach of the social contract. Yet, even moral vigilantism is detrimental to society and ought to be avoided, ideally not by prosecuting moral vigilantism but by avoiding the creation of situations that would call for it. Unfortunately, the U.S. criminal justice system has adopted a wide range of criminal law …
The Jury And Criminal Responsibility In Anglo-American History, 2015 University of Michigan Law School
The Jury And Criminal Responsibility In Anglo-American History, Thomas A. Green
Articles
Anglo-American theories of criminal responsibility require scholars to grapple with, inter alia, the relationship between the formal rule of law and the powers of the lay jury as well as two inherent ideas of freedom: freedom of the will and political liberty. Here, by way of canvassing my past work and prefiguring future work, I sketch some elements of the history of the Anglo-American jury and offer some glimpses of commentary on the interplay between the jury—particularly its application of conventional morality to criminal judgments—and the formal rule of law of the state. My central intent is to pose questions …
Preparing For Service: A Template For 21st Century Legal Education, 2015 University of PIttsburgh School of Law
Preparing For Service: A Template For 21st Century Legal Education, Michael J. Madison
Articles
Legal educators today grapple with the changing dynamics of legal employment markets; the evolution of technologies and business models driving changes to the legal profession; and the economics of operating – and attending – a law school. Accrediting organizations and practitioners pressure law schools to prepare new lawyers both to be ready to practice and to be ready for an ever-fluid career path. From the standpoint of law schools in general and any one law school in particular, constraints and limitations surround us. Adaptation through innovation is the order of the day.
How, when, and in what direction should innovation …
An Administrative Jurisprudence: The Rule Of Law In The Administrative State, 2015 Vanderbilt University Law School
An Administrative Jurisprudence: The Rule Of Law In The Administrative State, Kevin M. Stack
Vanderbilt Law School Faculty Publications
This Essay offers a specification of the rule of law's demands of administrative law and government inspired by Professor Peter L. Strauss's scholarship. It identifies five principles'authorization, notice, justification, coherence, and procedural fairness which provide a framework for an account of the rule of law's demands of administrative governance. Together these principles have intriguing results for the evaluation of administrative law. On the one hand, they reveal rule-of-law foundations for some contested positions, such as a restrictive view of the President's power to direct subordinate officials and giving weight to an agency's determination of the scope of its own authority. …
Keepings, 2014 Chapman University School of Law
Keepings, Donald J. Kochan
Donald J. Kochan
Appellate Division, First Department, People V. Celaj, 2014 Touro University Jacob D. Fuchsberg Law Center
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Touro Law Review
No abstract provided.
Apellate Division, Third Department, People V. Kelley, 2014 Touro University Jacob D. Fuchsberg Law Center
Apellate Division, Third Department, People V. Kelley, Elyssa Lane
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, 2014 Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley
Touro Law Review
No abstract provided.
First Amendment Decisions - 2002 Term, 2014 Touro University Jacob D. Fuchsberg Law Center
First Amendment Decisions - 2002 Term, Joel Gora
Touro Law Review
No abstract provided.
Lawrence V. Texas: The Decision And Its Implications For The Future, 2014 Touro Law Center
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, 2014 Cornell Law School
Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo
Muna B Ndulo
In Zambia it is generally agreed on by all stakeholders that the judicial system needs reform to make it more accountable, independent, and able to deliver justice efficiently and effectively. This article discusses judicial reform in the context of the independence of the judiciary. It tries to unpack the term judicial reform. It argues that for the rule of law and constitutionalism to prevail it is crucial that the judiciary is independent and there is separation of powers between the executive and the judiciary, and legislature and the judiciary. For judges to be personally and substantively independent they need security …
Promise Against Peril: Of Power, Purpose, And Principle In International Law, 2014 Cornell Law School
Promise Against Peril: Of Power, Purpose, And Principle In International Law, Robert Hockett
Robert C. Hockett
I take two recent monographs on international law – Mary Ellen O’Connell’s "The Power and Purpose of International Law," and Eric Posner’s "The Perils of Global Legalism," as case studies in a more general inquiry into the role of the "rule of law" ideal in domestic and international law. I argue that international and domestic law alike give varyingly explicit and effective expression to the rule of law ideal, and that the task before us is accordingly steadily to improve their effectiveness in so doing, not to pretend that there is no role for this ideal to play in interpreting …
The Week After, 2014 Touro University Jacob D. Fuchsberg Law Center
Iraq, Afghanistan, And The War On Terrorism: Winning The Battles And Losing The War, 2014 United Nations Office of Legal Affairs
Iraq, Afghanistan, And The War On Terrorism: Winning The Battles And Losing The War, Mona Ali Khalil
Georgia Journal of International & Comparative Law
No abstract provided.
The Legal Status Of Foreign Military And Civilian Personnel Following The Transfer Of Power To The Iraqi Interim Government, 2014 University of Georgia School of Law
The Legal Status Of Foreign Military And Civilian Personnel Following The Transfer Of Power To The Iraqi Interim Government, J. Stephen Shi
Georgia Journal of International & Comparative Law
No abstract provided.
Establishing Rule Of Law In Post-War Iraq: Rebuilding The Justice System, 2014 United States National Security Council
Establishing Rule Of Law In Post-War Iraq: Rebuilding The Justice System, John C. Williamson
Georgia Journal of International & Comparative Law
No abstract provided.
Commercial Law Reform Issues In The Reconstruction Of Iraq, 2014 U.S. Department of Commerce
Commercial Law Reform Issues In The Reconstruction Of Iraq, Theodore W. Kassinger, Dylan J. Williams
Georgia Journal of International & Comparative Law
No abstract provided.
Panel 3: The Development Of A Market Democracy, 2014 Patton Boggs LLP
Panel 3: The Development Of A Market Democracy, Timothy B. Mills, Keith W. Crane, O. Lee Reed, Robert D. Gatewood
Georgia Journal of International & Comparative Law
No abstract provided.
Panel 2: Building The Institutions Of The Nation, 2014 Tufts University - The Fletcher School of Law and Diplomacy
Panel 2: Building The Institutions Of The Nation, Louis M. Aucoin, Karl F. Inderfurth, Howard J. Wiarda, Thomas P. Lauth
Georgia Journal of International & Comparative Law
No abstract provided.